Department of Human Services
John A. Kitzhaber, MD, Governor
July 26, 2012
Aging and People with Disabilities
500 Summer St. NE, E-10
Salem, OR 97301-1076
Voice: 503-945-5811
Voice/TTY: 1-800-282-8096
Fax: 503-947-4245
To:
Debbie Concidine
Operations and Policy Analyst
From:
Christina Hartman
Administrative Rules Coordinator
Subject:
Hearing Officer’s Report on Rulemaking Hearing
July 17, 2012 – Residential Care and Assisted Living Facilities
The purpose of the hearing was to take public testimony regarding the
Department of Human Services' (Department) proposal to update the
residential care (RCF) and assisted living facility (ALF) rules in OAR
chapter 411, division 054 to:
• Update the application and license renewal requirements to comply
with direction from the Center for Medicare and Medicaid Services
regarding ownership;
• Comply with Senate Bill 557 regarding the sexual assault task force
by requiring facilities to implement a policy for the referral of residents
who may be victims of acute sexual assault to the nearest trained
sexual assault examiner;
• Update the facility building requirements as of August 1, 2012 to
comply with current building codes and regulations and the
International Code Council, American National Standards Institute
(ICC/ANSI), Accessible and Usable Building and Facilities, A117.1;
• Clarify the rules relating to remodeling, renovating, and resident
displacement due to remodeling;
• Remove the requirement that providers submit an Emergency
Preparedness Plan Summary to the Department annually and upon
change in ownership to reduce the workload impact for providers and
the Department which is prudent during these times of fiscal
reductions;
• Comply with the Oregon Indoor Clean Air Act, ORS 443.835 to
433.875, by clarifying the evaluation of smoking addressed in service
plans; and
“Assisting People to Become Independent, Healthy and Safe”
An Equal Opportunity Employer
• Clarify the rules relating to voluntary closures, ownership issues,
required postings, use of resident funds, and the evaluation of
alcohol and drug use addressed in service plans.
Public Comments
No one testified at the rulemaking hearing on July 17, 2012.
Written Comments
Office of State Fire Marshal, Stacy Warner, Assistant Chief Deputy –
Exhibit #1
The written comments provided by the Office of State Fire Marshal (OSFM)
are summarized in Attachment A.
LRS Architects, Dan Purgiel, Principal – Exhibit #2
The written comments provided by Dan Purgiel are summarized in
Attachment A.
Oregon Health Care Association, Joe Greenman, Legal Counsel –
Exhibit #3
The written comments provided by the Oregon Health Care Association
(OHCA) are summarized in Attachment A.
LeadingAge Oregon, Margaret Cervenka, Deputy Director – Exhibit #4
The written comments provided by LeadingAge Oregon are summarized in
Attachment A.
The public comment period closed at 5 p.m. on July 23, 2012.
ATTACHMENT A
Rule Number and
Proposed Rule Language
411-054-0010(9)
(109) VOLUNTARY CLOSURE
RESIDENT DISPLACEMENT DUE TO
REMODELING. The licensee must notify
SPD 60 the Department 90 days prior to
a voluntary or permanent closure
remodel or renovation of part of a facility
if there shall be a disruption to residents
in the facility (for example: residents
must be temporarily moved to another
room overnight). During a non-emergent
remodel, if any residents need to be
moved from their rooms, the residents
must continue to be housed in another
area of the facility and may not be moved
to another care setting.
(a) NON-EMERGENT REMODEL.
(B) The notice must include:
(iii) Assurance that the residents shall be
able to return to their own rooms when
the remodel is completed, if the residents
choose to do so.
Comment and Recommendation
411-054-0010 Licensing Standard
OHCA – Take in account major design
changes or renovations.
OHCA Recommendation –
(9) RESIDENT DISPLACEMENT DUE TO
REMODELING.
(a) NON-EMERGENT REMODEL.
(B) The notice must include:
(iii) Assurance that the residents shall be
able to return to their own rooms or the
nearest equivalent room when the remodel is
completed, if the residents choose to do so.
LeadingAge Oregon – Overly burdensome
for providers in cases where an
unanticipated issue may be discovered
during a minor repair and the provider and
resident decide together that the resident
may be more comfortable moving to another
room for a night or two.
Questions:
• What "may not be moved to another care
setting" means in a campus setting? For
example, can a campus-based provider
that wishes to remodel their memory care
community temporarily move residents to
available rooms in an ALF or another
setting on campus?
• What about small facilities that would like
to renovate a portion of their building but
do not have rooms available to move their
Page 1
Department Response
We believe that to insert language that offers
“the nearest equivalent room” is to remove
the intent of the rule, which is to provide a
safe guard for residents to avoid further
disruption of their living arrangements.
Certainly, if the resident chooses to select a
room equivalent to the previous unit, there is
nothing preventing the provider from
accommodating this request. However, a
resident should not be obligated to accept
the provider’s definition of something
equivalent to the previous unit.
The intent of this rule is to honor resident
choice and preferences and to encourage
providers to be thoughtful and considerate of
disruption that may be caused to a person as
the result of a major remodel. If a resident
requests to be moved for a short time in
order to eliminate inconvenience, the
provider is free to accommodate this request
if possible.
Regarding the question of campus setting,
we will amend the language by stating, “For
those providers who have several buildings
on the same campus, a move to a different
building of the same license type within the
campus setting is allowed, as long as the
resident agrees to the move.”
ATTACHMENT A
Rule Number and
Proposed Rule Language
Comment and Recommendation
residents? There may be some instances
where a facility can't feasibly undertake a
renovation without moving some residents
to another facility.
Leading Age Oregon Recommendation –
Add language that would exempt providers
from resident displacement notices and
timeline provisions for minor repairs as long
as the provider and the resident work out a
mutually acceptable agreement that is
documented.
Department Response
The intent of this rule is to be respectful of
resident choice and preferences. If a
situation arose when a resident would be
better accommodated in a “sister” facility, the
provider may discuss this with the Office of
Licensing and Regulatory Oversight (OLRO)
and submit a request for an exception.
Change the rule language to allow temporary
resident relocation to another facility or care
setting if it is necessary. State that if the
provider requests to move a resident during
a remodel or renovation to another facility or
care setting, the provider must document in
writing, for the Department's review, why
such a move is necessary and include in
detail the move-out and return plans.
411-054-0010(11)
(11) NOTICE OF BANKRUPTCY OR
FORECLOSURE. The Llicensee must
notify the Division Department in writing
within 10 days after receipt of any notice
of default or any notice warning of
potential defaultforeclosure or trustee
notification of sale with respect to a real
estate contract, trust deed, mortgage, or
other security interest affecting any
OHCA – The reporting requirement should
apply to the facility property directly impacted
by a financial legal proceeding.
OHCA Recommendation – (11) NOTICE
OF BANKRUPTCY OR FORECLOSURE.
The licensee must notify the Department in
writing within 10 days after receipt of any
notice of foreclosure or trustee notification of
sale with respect to a real estate contract,
Page 2
We agree with this wording change.
ATTACHMENT A
Rule Number and
Proposed Rule Language
property of the applicant, as defined in
OAR 411-054-0005occupied or used by
the Licensee. The written notice to the
Division Department must include a copy
of the notice provided to the Llicensee.
Comment and Recommendation
Department Response
trust deed, mortgage, or other security
interest affecting any the property of the
applicantlicensee, as defined in OAR 411054-0005. The written notice to the
Department must include a copy of the notice
provided to the licensee.
411-054-0013 Application for Initial Licensure and License Renewal
ORLO will be happy to work with OHCA on
411-054-0013
OHCA – The proposed rule subjects
this issue, however we are constrained by
(1) APPLICATION. Applicants for initial
investors who do not have access or
the language requirement we have received
licensure and license renewal must
influence over facility operations to
from CMS.
complete an application on a form
disclosure of personal information to the
provided by the DivisionDepartment. A
Department. Over time, these requirements
licensing fee, as described in ORS
will have a chilling effect on small equity
443.415, is required and must be
investors in long term care facility projects
submitted according to Department
who have traditionally invested in these
policy.
projects because they have been a low risk
(ab) Applicants must provide all
investment with reliable returns with principle
information and documentation as
backed by an interest in real property. It has
required by the Division Department
been a positive relationship from the facility
including but not limited to identification
provider's perspective because equity from
of financial interest of any
these small minority investors have been
personindividual, including stockholders
crucial in reaching the tipping point for
who have an incident of ownership in the moving forward with construction and
applicant representing an interest of 10
opening many communities in Oregon and
percent or more, or 10 percent of a lease other states. OHCA is interested in working
agreement for the facility. For purposes
with the Department to express to the
of rule, an person individual with a 10
Centers for Medicare and Medicaid Services
percent or more incident of ownership
(CMS) how losing access to these types of
interest is presumed to have an effect on investors, who can invest elsewhere without
the operation of the facility with respect
having to disclose sensitive personal
to factors affecting the care or training
information, may impact long term care
provided, unless the person individual
facilities. Also, OHCA is curious to learn
Page 3
ATTACHMENT A
Rule Number and
Proposed Rule Language
can establishes the person individual has
no involvement in the operation of the
facility. For those who serve the
Medicaid population, the applicant must
identify any individual with a 5 percent or
more incident of ownership, regardless of
the individual's effect on the operation of
the facility.
Comment and Recommendation
whether there would be any legal or
administrative barriers to the Department in
aggressively implementing the limiting
language found in OAR 411-054-0013(1)(b)
to all the subsections of the rule.
Page 4
Department Response
ATTACHMENT A
Rule Number and
Comment and Recommendation
Proposed Rule Language
Residential Care and Assisted Living Facility Building Requirements
Changes to OAR 411-054-0200 and 0300 will be removed from the permanent filing. Another Rule Advisory Committee (RAC) will be
formed to discuss these issues.
OHCA – The licensing rules for facilities should not include gross detail
regarding building requirements or standards. Cross references should be
used so that when building codes or other standards change, the licensing
rules do not need to be revised. This supports more clarity and less
confusion. If additional guidance is needed, OHCA supports a resource or
guide that can be used as a supplemental document which may be easily
updated.
411-054-0200(1)
411-054-0300(1)
(1) APPLICABILITY. Applicability of this rule shall apply to
the following:
(a) A (facility) not licensed on August 1, 2012; or
(b) A major alteration to a (facility) for which plans were not
submitted to the Department on or before August 1, 2012.
This rule shall apply only to the major alteration and does
not apply to any other area of the (facility).
411-054-0200(2)(a)
411-054-0300(2)(a)
(2)(a) (Facilities) must comply with International Code
Council, American National Standards Institute (ICC/ANSI),
A117.1. Title III of the Americans with Disabilities Act
(ADA), Fair Housing Act, and Fair Housing Design
Guidelines (FHA) where applicable.
411-054-0200(2)(c)
OHCA – Very opposed to August 1, 2012 as the effective date as to
whether a community will be subject to the newly adopted building
requirements. August 1, 2012 will not allow for adequate notification to
providers or developers who may be starting or nearing conclusion with
construction or development plans.
OHCA Recommendation – The effective date should be no less than
three months from the final effective date of the rules. This will assure that
all providers and entities that have projects scheduled have ample time to
complete and submit any pending plans prior to the implementation date.
Purgiel – Comment A: Making the Oregon Structural Specialty Code
(OSSC) and ANSI as the main direction of compliance is the wrong
approach because both are not federally safe harbor codes. Only the
2003 and 2006 International Building Code (IBC) are considered safe
harbor by the Department of Housing and Urban Development (HUD).
The OSSC/ IBC/ ANSI are still only 95-98 percent the same and compliant
with the Fair Housing Act (FHA) and current 2010 Americans with
Disabilities Act (ADA). That little difference has, can, and will continue to
cause numerous lawsuits around the country with a guarantee of more to
come. The good faith attempt at making federal accessibility laws and
Page 5
ATTACHMENT A
Rule Number and
Proposed Rule Language
411-054-0300(2)(c)
(2)(c) If a change in use, type of license, and building code
occupancy classification, type of construction, or any
structural modifications occurs, license approval shall be
contingent on meeting the OSSC and ICC/ANSI A117.1
and minimum standards of ADA in effect at the time of such
change.
Comment and Recommendation
building code regulations the same by the states and the ICC has come a
long way but it is not complete and will never be complete.
The rules should only generally reference compliance with state and
federal laws. If additional requirements are preferred that are more
stringent than those laws, then and only then should they be included in
the Department's regulations.
Purgiel and OHCA Recommendation – for both OAR 411-054-0200 and
OAR 411-054-0300:
(2)(a) (Facilities) must comply with International Code Council, American
National Standards Institute (ICC/ANSI), A117.1all applicable federal and
state accessibility requirements, and the additional accessibility
requirements set forth in these rules. Where compliance with the
American National Standards Institute (ACC/ANSI), A117.1 is referenced,
the edition referenced in the OSSC in affect at the time of application,
shall be complied with.
(2)(c) If a change in use, type of license, building code occupancy
classification, type of construction, or any structural modifications occur,
license approval shall be contingent on meeting complying with the OSSC
and ICC/ANSI A117.1.
411-054-0200(2)(d)
411-054-0300(2)(d)
(2)(d) (Facilities) must be constructed to include a minimum
of one two-hour area separation wall constructed to
standards as definedmeet the requirements set forth in the
OSSC (SR 104.3.1Fire Barrier Smoke Barriers Isolating
Points of Safety).
OSFM – Questions:
• Why fire barrier was changed to smoke barrier; and
• Whether the Department intended to include SR 104.3, point of safety,
with the reference to SR 104.3.1., or if it is just assumed a facility
already meets the point of safety requirements in SR 104.3.
Purgiel – Comment B: The reference of an OSSC life safety requirement
is redundant and should not be stated in the Department's regulation.
There are hundreds of life safety requirements in the OSSC relating to
RCFs/ALFs. If changes to the OSSC occur, the Department's
requirements would then be in conflict with the OSSC.
Page 6
ATTACHMENT A
Rule Number and
Proposed Rule Language
Comment and Recommendation
Purgiel and OHCA Recommendation – For both OAR 411-054-0200
and OAR 411-054-0300, the language in (2)(d) should be removed.
The regulations are in the OSSC and the Building Codes Division (BCD).
OSSC should regulate.
411-054-0200(4)(d)
411-054-0200(4)(d)
(4)(d) (Facility) must arrange for Aat least one primary
grade level entrance to the building must be arranged to be
that is fully accessible to individuals with disabilities.
disabled persons. Alzheimer’s Indorsed FacilitiesAs
described in OAR chapter 411, division 057, memory care
communities must be located on the ground floor.
Purgiel – Reasons stated in comments A and B above. Redundant, uses
inappropriate code terminology, and is already covered in the OSSC.
Purgiel and OHCA Recommendation – For both OAR 411-054-0200
and OAR 411-054-0300, the language in (4)(d) should be removed.
411-054-0200(5)(b)
OSFM – Questions:
411-054-0300(5)(b)
• How the Department differentiates between common corridors and
(5)(b) CORRIDORS. Resident-use areas and units must be
resident-use corridors; and
accessible through temperature controlled common
• Why there is a difference in corridor widths.
corridors with a minimum width of 48 inches.
(A) Resident-use corridors exceeding 20 feet in length to an
exit or common-use area, must have a minimum width of 72
inches.
411-054-0200(5)(e)
411-054-0300(5)(e)
(5)(e) EXIT DOORS. Exit doors must may not include locks
that delay evacuation except as approved by the Fire
AuthorityState Fire Marshal and Oregon Building Codes
Agencies Division having jurisdiction.
411-054-0200(6)(c)
OSFM – Allow for enforcement by exempt fire authorities and fire
departments with trained staff.
OSFM Recommendation –
(5)(e) EXIT DOORS. Exit doors may not include locks that delay
evacuation except as approved by the State Fire Marshal or other
authorized representative and Oregon Building Codes Division having
jurisdiction.
Purgiel – Reasons stated in comment A above.
Page 7
ATTACHMENT A
Rule Number and
Proposed Rule Language
(6)(c) All resident bedrooms must be accessible for persons
individuals with disabilities, meeting requirements of the
OSSC, FHA, and the ADA. and Chapter 10 of the ICC/ANSI
A117.1. (Dwelling Units and Sleeping Units, Type B Units).
Adaptable units are not acceptable.
411-054-0300(6)
(46) RESIDENT UNITS. All resident units must be
comprised accessible per chapter 10 of the ICC/ANSI
A117.1. (Dwelling Units and Sleeping Units, Type B Units).
Accessible apartments must have a locked door, private
bathroom, and kitchenette facilities conforming to the
requirement of the OSSC and ICC/ANSI A117.1. Adaptable
units are not acceptable. of individual adaptable and
accessible apartments with a lockable door, private
bathroom, and kitchenette facilities conforming to the
requirement of the OSSC, FHA, and the facility standards
set forth in these rules.
411-054-0200(6)(f)(A)
Comment and Recommendation
Purgiel and OHCA Recommendation –
OAR 411-054-0200(6)(c) All resident units and/or sleeping rooms shall
comply with all applicable federal and state accessibility requirements. In
addition, all resident units and/or sleeping rooms shall comply at a
minimum with the "Type A Units" requirements of ICC/ANSI A117.1 for
dwelling and sleeping units, and the additional accessibility requirements
set forth in these rules. The most restrictive requirements shall govern
where other accessible unit types are required by other jurisdictions
having authority. resident bedrooms must be accessible for individuals
with disabilities, meeting requirements of the OSSC and Chapter 10 of the
ICC/ANSI A117.1. (Dwelling Units and Sleeping Units, Type B Units).
Adaptable units are not acceptable.
OAR 411-054-0300(6) RESIDENT UNITS. All resident units must have a
locked door, private bathroom, and kitchenette facilities. All resident units
must comply with all applicable federal and state accessibility
requirements. In addition, all resident units must comply at a minimum
with the "Type A Units" requirements of ICC/ANSI A117.1 for dwelling
units and sleeping units, and the additional accessibility requirements set
forth in these rules. The most restrictive requirements shall govern where
other accessible unit types are required by other jurisdictions having
authority. be accessible per chapter 10 of the ICC/ANSI A117.1. (Dwelling
Units and Sleeping Units, Type B Units). Accessible apartments must
have a locked door, private bathroom, and kitchenette facilities
conforming to the requirement of the OSSC and ICC/ANSI A117.1.
Adaptable units are not acceptable.
The type A unit is the closest approximate current requirements in place
by the Department's RCF today. The "most restrictive" statement is
included because OSSC requires that 4 percent be fully "accessible
units".
Purgiel – Reasons stated in comment B above. Life safety requirements
Page 8
ATTACHMENT A
Rule Number and
Proposed Rule Language
411-300-0300(6)(b)(A)
(6)(f)(A) All units must have an emergency escape window
meeting requirements of the OSSC that opens directly onto
a public street, public alley, yard, or exit court, except for
Alzheimer’s Care Units memory care communities
constructed to an SR-2 or I-2 occupancy classification. This
window section must be operable from the inside to provide
a full clear opening without the use of separate tools and
must comply with the specifications of an escape window
when required by the OSSC. Windows may not be below
grade.
411-054-0200(6)(g)(A)
(6)(g) RESIDENT-UNIT BATHROOMS.
(A) If resident bathrooms are provided within a resident unit,
theythe bathroom must be a separate room and include a
toilet, hand wash sink, accessible mirror, toilet paper holder,
and towel bar within reach ranges(36” in height), and
storage for toiletry items. The bathrooms must be
accessible for persons individuals who use wheelchairs.
The door to the resident bathroom must open outward or
slide into the wall.
(B) If the resident unit bathroom includes a shower, the
shower must be roll-in with a clear inside dimension of 30inches deep by 60-inches long with grab bars. A folding
seat is not required.
(C) Effective August 1, 2012, the threshold of the shower
stall must be level with the flooring. Changes in level
greater than one-fourth inch must be beveled with a slope
no greater than 50 percent. Changes in level greater than
one-half inch are not acceptable.
411-054-0300(6)(d)
Comment and Recommendation
should not be rewritten but left to the BCD.
The model codes have eliminated the emergency escape requirement for
the last 10 years since it was originally conceived for building without
sprinklers in the 1960s. The IBC and OSSC now only require emergency
escape windows in stories below the fourth story on stories with only one
exit.
Purgiel and OHCA Recommendation – The language in OAR 411-0540200(6)(f)(A) and 411-300-0300(6)(b)(A) should be removed.
Purgiel – Reasons stated in comments A and B above.
The Department wants additional requirements beyond state and federal
accessibility requirements so it is here that additional text should be
added.
Resident units are generally interpreted to not have to be fully accessible
under the ADA but are typically only required to be Type B dwelling units
(adaptable) under FHA, which does allow for approach and usability by
persons in wheelchairs. The ICC adds 4% fully "accessible units" meaning
all the reach ranges, clear floor spaces, frontal lav approach, the large
space around the toilet, and the 5' turning radius. The ICC through
informal Department of Justice (DOJ) inquiries is looking at increasing the
percent of fully accessible units to 10%.
Purgiel and OHCA Recommendation –
411-054-0200(6)(g) RESIDENT-UNIT BATHROOMS.
(A) If resident bathrooms are provided within a resident unit, the bathroom
must be a separate room and include a toilet, hand wash sink, accessible
mirror, toilet paper holder, towel bar within reach ranges, and storage for
Page 9
ATTACHMENT A
Rule Number and
Proposed Rule Language
(6)(d) BATHROOM. The unit bathroom must be a separate
room with a toilet, hand wash sink, a roll-in, curbless
shower, have at least one towel bar within reach ranges (36
inch height), one toilet paper holder, one accessible mirror,
and storage for toiletry items. The door to the unit bathroom
must open outward or slide into the wall.
(A) The unit bathroom must have unobstructed floor space
of sufficient size to inscribe a circle with a diameter of not
less than 60 inches or a "T" turn conforming to the
requirements of the OSSC and ADA, for maneuverability by
residents using wheelchairs or other mobility aids. The
"circle" or "T" may infringe in the space of the roll-in shower
stall by a maximum of 12 inches.
(B) Wall construction must have proper and appropriately
placed blocking near toilets and in showers to allow
installation of grab bars as required for an accessible unit
as defined in the OSSC.
(C) Roll-in shower stalls must meet OSSC and ADA
requirements except as noted in this rule. Effective August
1, 2012, the roll-in shower must have a clear inside
dimension of 30-inches deep by 60-inches long. A folding
seat is not required. The minimum number of resident unit
bathroom showers required by OSSC must have a clear
inside dimension of 36 inches deep by 60 inches long. All
other resident unit showers must have a minimum nominal
dimension of 36 inches deep by 48 inches long. A folding
seat is not required.
(D) Showers must have non-slip floor surfaces in front of
roll-in showers, a hand-held showerhead, cleanable shower
curtains, and appropriate grab bar.
(E) Effective August 1, 2012, the threshold of the shower
stall must be level with the flooring. Changes in level
greater than one-fourth inch must be beveled with a slope
Comment and Recommendation
toiletry items. The bathrooms must be accessible for individuals who use
wheelchairs. The door to the resident bathroom must open outward or
slide into the wall.
(B) The unit bathroom shall comply at a minimum with the "Type A Units"
bathroom requirements of ICC/ANSI A117.1 for dwelling and sleeping
units. In addition, the unit bathroom shall have grab bars installed,
complying with ICC/ANSI A117.1. If the resident unit bathroom includes a
shower, the shower must be a roll-in shower complying with ICC/ANSI
A117.1 requirementswith a clear inside dimension of 30-inches deep by
60-inches long with grab bars. A folding seat is not required.
(C) Effective August 1, 2012, the threshold of the shower stall must be
level with the flooring. Changes in level greater than one-fourth inch must
be beveled with a slope no greater than 50 percent. Changes in level
greater than one-half inch are not acceptable.
411-054-0300(6)(d) BATHROOM. The unit bathroom must be a separate
room with a toilet, hand wash sink, roll-in shower, towel bar within reach
ranges , toilet paper holder, accessible mirror, and storage for toiletry
items. The door to the unit bathroom must open outward or slide into the
wall.
(A) The unit bathroom must comply at a minimum with the "Type A Units"
bathroom requirements of ICC/ANSI A117.1 for dwelling units and
sleeping units. In addition, the unit bathroom shall have grab bars installed
complying with ICC/ANSI A117.1.have unobstructed floor space of
sufficient size to inscribe a circle with a diameter of not less than 60
inches or a "T" turn conforming to the requirements of the OSSC and
ADA, for maneuverability by residents using wheelchairs or other mobility
aids. The "circle" or "T" may infringe in the space of the roll-in shower stall
by a maximum of 12 inches.
(B) Wall construction must have proper and appropriately placed blocking
near toilets and in showers to allow installation of grab bars as required by
ICC/ANSI A117.1 for dwelling units and sleeping units for an accessible
unit as defined in the OSSC.
Page 10
ATTACHMENT A
Rule Number and
Proposed Rule Language
no greater than 50 percent. Changes in level greater than
one-half inch are not acceptable.
(E) Shower curb must not exceed one-quarter inch in height
at front of shower. Ramps are not allowed in front of roll-in
showers.
(F) Water closets and lavatories must meet OSSC and ADA
requirements to be fully accessible unless otherwise noted
in this rule. The lavatory must have readily removable
cabinets underneath or be readily adaptable to meet the
OSSC and ADA requirements for a forward approach by a
wheelchair.
411-054-0300(6)(e)
(6)(e) KITCHENS/KITCHENETTES.
(A) Counter heights must bemay not be higher than 34
inches. The sink, refrigerator, and cooking appliance must
meet OSSC and the ADA reach and clear floor space
requirements for wheelchairs.
(B) The sink must have readily removable cabinets
underneath or be readily adaptable to meet the OSSC and
ADA requirements for a forward approach by a wheelchair.
(C) Fifty percent of the shelving must be within the reach
ranges per the OSSC and ADA.
411-054-0200(7)
Comment and Recommendation
(C) The roll-in shower does not require a folding seat. Roll-in shower stalls
must meet OSSC and ADA requirements except as noted in this rule.
Effective August 1, 2012, the roll-in shower must have a clear inside
dimension of 30-inches deep by 60-inches long. A folding seat is not
required.
(D) Showers must have non-slip floor surfaces in front of roll-in showers, a
hand-held showerhead, cleanable shower curtains, and appropriate grab
bar.
(E) Effective August 1, 2012, the threshold of the shower stall must be
level with the flooring. Changes in level greater than one-fourth inch must
be beveled with a slope no greater than 50 percent. Changes in level
greater than one-half inch are not acceptable.
(F) Water closets and lavatories must meet OSSC and ADA requirements
to be fully accessible unless otherwise noted in this rule. The lavatory
must have readily removable cabinets underneath or be readily adaptable
to meet the OSSC and ADA requirements for a forward approach by a
wheelchair.
411-054-0300(6)(e) KITCHENS/ KITCHENETTES. (A) Counter heights
may not be higher than 34 inches. The sink, refrigerator, and cooking
appliance must meet OSSC and the ADA reach and clear floor space
requirements for wheelchairs.
(B) The sink must have readily removable cabinets underneath or be
readily adaptable to meet the OSSC and ADA requirements for a forward
approach by a wheelchair.
(C) Fifty percent of the shelving must be within the reach ranges per the
OSSC and ADA.
The ANSI reference was inserted since it is the current state standard.
The use of the term "accessible" needs to be cross referenced to a
standard otherwise it has no relevant meaning and can be open for
interpretation.
Purgiel – Reasons stated in comment B above. The language is stated in
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ATTACHMENT A
Rule Number and
Proposed Rule Language
(7)(a) BATHING FACILITIES.
(E) Roll-in showers must have a clear inside dimension of
30 inches deep by 60 inches long with grab bars. A folding
seat is not required.
(F) Effective August 1, 2012, the threshold of a shower
must be level with the flooring. Changes in level greater
than one-fourth inch must be beveled with a slope no
greater than 50 percent. Changes in level greater than onehalf inch are not acceptable.
(7)(b) TOILET FACILITIES. Toilets and hand wash sinks
with an accessible mirrorToilet facilities must be located for
resident use at a minimum ratio of one to six residents for
all residents not served by these fixturestoilet facilities
within their own unit. Toilet facilities must include a toilet,
hand wash sink, and accessible mirror.
(A) Toilet facilities for all of the licensed resident capacity
must be accessible to persons individuals with disabilities in
accordance with the ADA and the OSSC as enforced by the
Oregon Building Codes Division or local jurisdictions having
authority.
411-054-0200(10)(c)
411-054-0300(10)(c)
(10)(c)SPRINKLER SYSTEM. (Facilities) must have a
sprinkler system installed in accordance with the OSSC.
Comment and Recommendation
OSSC and ANSI A117.1 and is redundant.
Purgiel and OHCA Recommendation –
(7)(a) BATHING FACILITIES.
(E) Roll-in showers must comply with ICC/ANSI A117.1 requirementshave
a clear inside dimension of 30 inches deep by 60 inches long with grab
bars. A folding seat is not required.
(F) Effective August 1, 2012, the threshold of a shower must be level with
the flooring. Changes in level greater than one-fourth inch must be
beveled with a slope no greater than 50 percent. Changes in level greater
than one-half inch are not acceptable.
(7)(b) TOILET FACILITIES. Toilet facilities must be located for resident
use at a minimum ratio of one to six residents for all residents not served
by toilet facilities within their own unit. Toilet facilities must include a toilet,
hand wash sink, and accessible mirror.
(A) Toilet facilities for all of the licensed resident capacity must be
accessible to individuals with disabilities in accordance with the ADA and
the OSSC as enforced by the Oregon Building Codes Division or local
jurisdictions having authority.
OSFM Recommendation – If referring to a fire sprinkler system, the rule
should clearly state that.
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